Tuesday, January 27, 2009

Democrats Subpoena Rove, Testing Their Clout and Obama

WASHINGTON -- House Democrats renewed their effort to force former White House aide Karl Rove to testify in a probe into Justice Department controversies, presenting a challenge to President Barack Obama, who will have to decide whether to defend his predecessor's legal arguments.

Michigan Rep. John Conyers, Democratic chairman of the House Judiciary Committee, on Monday issued a subpoena to Mr. Rove, seeking his appearance at a deposition Feb. 2. Mr. Conyers wants the former aide to President George W. Bush to answer questions on the Justice Department's firings of U.S. attorneys in 2006, among other matters.

For more than a year, the Bush administration blocked congressional demands for testimony from Mr. Rove and other Bush aides. The White House's assertion of executive privilege prompted the aides to refuse even to show up for a hearing. A judge last year, in a limited ruling, said the privilege didn't protect the aides from having to appear, even if they refused to answer questions.

"Change has come to Washington, and I hope Karl Rove is ready for it," Mr. Conyers said. "After two years of stonewalling, it's time for him to talk."

President Obama previously criticized the Bush executive-privilege claims. But presidents have a history of guarding the principle of executive privilege, even when it is claimed by a predecessor of a different political stripe. President Bush angered Republicans early in his term by using privilege to block several congressional inquiries into decisions by the administration of President Bill Clinton.

Robert Luskin, Mr. Rove's attorney, said Mr. Rove recently received a renewed privilege assertion from President Bush, before the president left office. Mr. Luskin said he would consult with Mr. Obama's White House counsel to determine the Obama administration's stance.

There is some dispute in legal circles over whether a president's executive privilege claim continues to be in force after he leaves office if his successor doesn't enforce it.

"At the end of the day Rove will do what he is told," Mr. Luskin said.